UPDATE: In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 7, 2022, the U.S. Supreme Court heard oral arguments over whether two sets of vaccine and testing mandates should go into effect: (1) the OSHA ETS, applying to private employers with 100 or more employees; and (2)...more
Originally published 11/08/21. Updated 12/01/21.
As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Final Rules ,
Healthcare Workers ,
Injunctions ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing
As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the law from going into effect. Below, we outline the key...more
11/8/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Code of Federal Regulations (CFR) ,
Coronavirus/COVID-19 ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare Workers ,
OSHA ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Virus Testing
Federal agencies released anticipated guidance and regulations requiring COVID-19 vaccination for employees by January 4, 2022. The Occupational Safety and Health Administration (OSHA) released the Emergency Temporary...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 9th, President Biden signed two Executive Orders; one requiring COVID vaccines for federal employees and another ensuring adequate COVID safety protocols for federal contractors. The administration also announced...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Workplace Safety
The novel coronavirus (COVID-19) outbreak has created significant workplace concerns for U.S. employers. Companies are balancing the need to continue their operations against the desire to keep their employees safe. The...more
3/13/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Management Rights Clauses ,
OSHA ,
Public Health ,
Unions ,
Wage and Hour ,
WARN Act ,
Workplace Safety